Attacks on RTI activists - Rishap Vats

                              

One of the landmarks in Indian legislation was the year 2005 when the RTI act was passed by the Parliament. Though RTI already existed on state levels, it took us a lot of struggle to pass a national level law which ensures the citizens of the country to seek information which they are entitled to know. Obviously the fact that it aimed at transparency and more accountability of the people in charge and all the work done by the government and other public authorities it created a stir among the elites and the people in power. Especially the political parties were in a huddle and came together to oppose the idea that Political parties should be out of the ambit of RTI for very obvious reasons. This was for sure considered as a threat by the people who have bad records or are indulged in wrong doings, corruption or even the ones who haven’t fulfilled their responsibilities or duties towards the people. So all the brave souls, these activists who take the initiative to keep a check or seek what their government is doing or not doing. Though this is a very commendable and very noble deed for one to do there are consequences of their actions unfortunately and these noble, dedicated and responsible citizens have to bear the consequence by giving their life. These attacks have risen sharply over the last couple of years as the awareness of the RTI reached its peak. All these activists started digging up some graves full of secrets which were intentionally hidden from the people or the law itself.

The RTI law, introduced by the Congress party-led government in 2005, was a radical piece of legislation giving private citizens the right to demand written answers from India's always opaque and often corrupt bureaucracy and state institutions such as the police and army. Right to Information (RTI) activists, including policemen, have been harassed and even murdered for seeking information to "promote transparency and accountability in the working of every public authority" in India. Many face assaults on a regular basis. People seeking information from their gram panchayat and the local administration also face social ostracism. A few activists, who sought information under RTI related to MNREGA scams, were killed. Many threats and attacks (including murder) go unreported by the media^.

RTI activists are vulnerable human rights defenders (HRDs) in India. Unlike other HRDs, a majority of the RTI activists are not part of an organisation; they often act alone, moved by anger at corruption and other illegal activities. RTI activists are vulnerable because they live in the same areas as public authorities and political leaders who do not want information about their activities to be disclosed. For the most part, human rights defenders receive media attention only when killed or seriously injured. When complaints are made by RTI activists, law enforcement personnel (who often work with corrupt officials) do not take appropriate action. The Right to Information Act, 2005 provides inadequate protection to whistleblowers. The Central Information Commission and the State Information Commissions are not mandated to deal with such threats or attacks or to provide protection when needed.

Protection of RTI activists was raised in Parliament several times during 2010.  There were any instances where reports had appeared in the media about the victimization of people who use Right to Information provisions. However, he asserted that the Indian Penal Code and the Code of Criminal Procedure have adequate provisions enabling the law-enforcement systems in the states to take preventive and punitive action against such threats. He further stated that the GOI has urged the chief ministers of the states and administrators of Union Territories to promptly inquire into such incidents and take action against the offenders. However, no action is taken even after the court orders it. The Bombay High Court when hearing the case of the murder of RTI activist Satish Shetty in Maharashtra on 7 May 2010, ordered the state government to provide police protection to any person (or organization) complaining of threats or the use of force after filing applications under the RTI Act. The high court also directed the state government to set up provisions for speedy investigation of cases of threats or attacks against social activists, a monitoring system and a database of social activists within 90 days. However, the cases of attacks on activists in Maharashtra increased. The scenario is no different across the country.

India's most industrialized states Gujarat and Maharashtra ranks top in the number of attacks against RTI activists. This indicates unholy nexus between corporate and politicians. No attacks reported against RTI activists in Kerala and West Bengal

Yet, with the rule of law weak in much of the country, exercising new rights can mean danger. At least 10 activists have been killed so far this year. All found themselves up against powerful individuals, often in league with local authorities. One uncovered a series of corrupt land deals and thefts of social benefits by officials and was subsequently hacked to death. Twenty nine RTI activists have been allegedly killed since May 2008, and around 164 cases of assault and harassment of RTI activists have been registered across India With the cold-blooded murder of Right to Information (RTI) activist Amit Jethwa near the Gujarat High Court in Ahmedabad last Tuesday, the number of whistleblowers killed this year alone has gone up to eight. The Congress-ruled Maharashtra tops the list with four killings, followed by the BJP-ruled Gujarat with two.

RECENT AND FAMOUS ATTACKS ON RTI ACTIVISTS

December 30, 2012: Some unidentified men forcibly administered a poisonous injection to RTI activist Srinivasa Rao in Markapuram in Andhra Pradesh.

October 25, 2012: RTI activist Ramesh Agrawal alleged that contract killers were hired to kill him as he was proving a hindrance to Jindal Steel and Power Ltd's plans in Raigarh in MP.

May 20, 2012: KAS officer Mahantesh who had exposed illegal allotment of sites in the city was murdered in Bangalore.

 August, 2011 Masood was an activist working primarily on wildlife conservation, and also supported other causes like good governance, RTI Act. Police reforms, environment, women's rights & issues and transparency. She sat on a fast in support of Anna Hazare’s India against Corruption campaign. She was actively involved in raising issues related to the deaths of tigers in the various sanctuaries of Madhya Pradesh. Masood was constantly living under threat, as revealed by her in an interview before she was shot dead. On August 16, 2011 at around 11:19 AM; she was shot by an unidentified assailant from point blank range. Masood was about to leave in her car when she was shot in the driver's seat.

Other murdered RTI activists were: Datta Patil of Kolhapur (Maharashtra), killed on May 31; Vitthal Gite of Beed district, Maharashtra, on April 21; Sola Ranga Rao of Krishna District, Andhra Pradesh, on April 11; Arun Sawant of Badlapur, Maharashtra, on February 26; Shashidhar Mishra of Begusarai, Bihar, on February 14; Vishram Laxman Dodiya of Ahmedabad, Gujarat, on February 11; and Satish Shetty of Pune, Maharashtra, killed on January 13.

LAW OF THE LAND

The Supreme Court on November 19 had expressed concern over the murders of and attacks on RTI activists and whistle-blowers. It said the state governments were responsible for their security and safety. "Law and order is a state subject. It is for the state governments to take action. We cannot issue guidelines," said the bench.

RTI Act: Contains no provisions for the security/safety of the whistle-blower.

Whistle-blower Bill: Yet to be cleared by the Rajya Sabha despite being passed by Lok Sabha in 2011.The Supreme Court expressed concern over the incidents of killings and attacks on RTI activists and whistle-blowers in the country but refused to issue direction to the Centre for their security, saying the "law and order" is a state subject.

CONCLSUION

Certainly there has been under-reporting of such cases and the unofficial estimates of assault cases will be much higher. Despite the High Court on December 12 directing the state government (Home Department) to quickly formulate rules and regulations to ensure the safety of RTI activists, the rules are yet to be framed. The true number of activists killed could be much higher. Frequently, campaigners say, the authorities deny a link between the RTI requests and violence, dismissing incidents as everyday crime.

There is a need to amend the RTI Act to provide for the protection of those seeking information under the Act. The Asian Centre of human rights recommends that a separate chapter, “Protection of those seeking information under the (RTI) Act be inserted into the Act. Protection measures should include (a)mandatory, immediate registration of complaints of threats or attacks against RTI activists on the First Information Report and placing such FIRs before the magistrate or judge of the area within 24 hours for issuance of directions for protection of those under threats and their family members, and periodic review of such protection measures; (b)conducting inquiry into threats or attacks by a police to be concluded within 90 days; and (c)trial of the accused within six months. Further, concerned PIOs, First Appellate Authorities and those directly related with the information sought under the RTI Act should be presumed to have abetted the offenses against the RTI activists unless evidence proves otherwise.

The political class needs to understand that these things are very serious and needs to be looked at very quickly. Most people argue that though RTI bill was passed it was just a gimmick by UPA 1 and also others to flaunt the work or attract positive media attention. Also the normal perception is that most of the politicians themselves are threatened to be exposed and hence the safety of these activists haven’t been taken seriously.

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